No person shall keep within the City limits any cattle, mules, sheep, goats, buffalo, swine, wild or domesticated predatory or game animal; provided, however:
A. 
That this section shall not be applicable upon property owned by the Flathead County Fair Board and operated by such Board as a fairgrounds within the City; and
B. 
That this section shall not be applicable to persons who keep pygmy goats or potbellied pigs as household pets, provided that no person shall keep more than two pygmy goats or two potbellied pigs;
C. 
Horses are permitted within any zoning district subject to the following minimum requirements:
1. 
The number of horses permitted on a property shall equal one horse per one acre of fenced pasture land,
2. 
Offspring to permitted animals living on the lot shall not be counted as part of the animal density for one year from date of birth at which time the owner shall bring the animal density back into compliance with this section,
3. 
Property owners must maintain the animals and pasture in a manner that does not cause adverse impact to neighboring property owners. Potential negative impacts on adjacent properties include offensive odors, pasture runoff and the unusual presence of insects (flies). Failure to maintain the property in accordance with these requirements shall be considered a violation of this section,
4. 
Property annexed into the City exceeding the densities required under subsection (C)(l) of this section shall have up to two years from the date of annexation to bring the animal density into compliance with this section;
D. 
Limitations on Fowl: No fowl shall be permitted other than chickens which shall be permitted only under the following limitations:
1. 
No roosters shall be kept or maintained within the City.
2. 
Chickens may be kept in the following locations, subject to all other standards in this Article:
a. 
On a single-household parcel;
b. 
On a parcel under unitary ownership with more than one dwelling on-site; and
c. 
On residential parcels under common ownership.
3. 
The number of chickens authorized per permit shall comply with the following, subject to all other standards in this Article:
a. 
For the first 3,000 square feet of any residential parcel, up to four chickens;
b. 
For each additional 1,000 square feet of any residential parcel, one additional hen up to a maximum of 15; and
c. 
For parcels with multiple households the physical area used for determining the maximum number of allowed hens is exclusive to each permit and may not overlap. This may restrict the number of permits issued on a given parcel.
4. 
General Regulations for the Keeping of Chickens:
a. 
No chickens may run at large within the corporate limits of the City. All chickens must be contained with the permittee's property boundary.
b. 
The permittee shall provide the chickens with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens. The chicken house must be adjacent to and provide free access to the chicken enclosure. Any heat source or electrical facilities installed in a chicken house must comply with all adopted building and electrical codes of the City.
c. 
The permittee shall provide the chickens with a predator-proof enclosure of sufficient size to admit free movement of the chickens. Chicken enclosures may be movable.
d. 
Chickens shall be secured within the enclosure from sunset to sunrise.
e. 
Chicken enclosures and houses must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors.
f. 
Chickens shall have continuous access to adequate food and water.
g. 
Stored feed must be kept in a rodent- and predator-proof container.
h. 
Chickens shall be maintained in a healthy condition. Ill chickens shall either receive appropriate medical care or be culled.
i. 
No chicken house shall be located closer than 20 feet to any structure inhabited by someone other than the chicken owner, custodian, or keeper, and not closer than five feet to any property line. Chicken houses may be movable but must comply with all standards of this section.
j. 
No chicken shall be kept in a manner so as to create noxious odors or noise of a loud, persistent and habitual nature.
k. 
No chickens shall be slaughtered within the public view.
5. 
Permits Required/Inspections:
a. 
Prior to the keeping of any chickens, a party seeking to keep chickens shall obtain a permit from the City. A permit fee may be established by resolution of the City Council and may be revised from time to time. Only one permit shall be issued per household. Issuance of a permit is a discretionary act.
b. 
The owner of the chickens shall keep a copy of all signed City approval documents for inspection upon request by an animal control officer.
c. 
A permit for chickens under this section does not relieve any party from any requirement to obtain any other permit or other necessary approvals for any structure, fence, lighting, heat source, etc., as required by this Code.
d. 
A party wishing to keep chickens shall submit an application to keep chickens to the Kalispell Police Department - Animal Control. The application shall contain the following:
i. 
A sketch identifying the property boundaries, the location of all structures on the property and distances between said structures and between the property boundaries. The sketch must also indicate the location of the chicken enclosure and chicken house.
ii. 
The name, address, and signed statement of the property owner, if different from the applicant, consenting to the keeping of the applied for number of chickens on the property.
iii. 
Whether the number of chickens kept will be between one and six (6), or between seven and 15.
iv. 
A description of the enclosure and chicken house, including materials used and cubic footage.
v. 
A sworn statement that all statements contained in the application are true and that the permit holder shall keep the chickens in compliance with the terms of the permit, application and this section.
6. 
For any party wishing to keep seven or more chickens, up to the maximum number allowed, the party shall have the location inspected by a City animal control officer prior to the keeping of seven or more chickens. The animal control officer shall review the enclosure, chicken house, and all matters related to the keeping of chickens.
7. 
If, during any inspection, the animal control officer determines changes are to be made to the enclosure, chicken house, or to the number of chickens to be kept, or require mitigation for the impact to adjacent properties, such as fencing or other screening, the applicant/permit holder shall comply with the order of the animal control officer. A person aggrieved by a decision of the animal control officer may appeal to the City Manager who shall review all applicable information and issue a decision on the appeal. Appeals from the City Manager's decision on an application, permit or order of an animal control officer's decision may be made to the City Council. At the time of final approval by animal control, the officer shall indicate final approval on the permit and keep a record of final approval.
8. 
A permit to keep chickens is specific to the permit holder and the location of the permit. A person wishing to move chickens to a different property shall obtain a new permit. A new resident of a property who intends to keep chickens shall obtain a new permit regardless of whether chickens were kept on the property or continue to be kept on the property.
9. 
Approval of a permit to keep chickens authorizes the permit holder to keep the number of chickens in the manner described on the application and permit. Any increase to the number of chickens to seven or more up to the maximum number allowed, or a significant change to the manner of keeping said chickens shall require a new permit.
10. 
Changes to the standards contained in this section shall require any permit holder to comply with any new standard, regulation, or condition and no notice to a permit holder is required prior to enforcement of any new standard beyond that required for adoption of a new or revised ordinance.
11. 
Protest and Hearing: For the keeping of seven or more chickens, a request by the occupants, owners, or residents of two or more adjacent properties for the City Council to conduct a hearing on the application shall subject the application to a hearing before the City Council. Adjacent properties shall include those properties adjacent by a public right-of-way and include those connected by property corners. If a hearing is held the Council may issue a permit if the Council finds:
a. 
That the site for the proposed use is adequate in size to accommodate such the keeping of chickens, and all yards, spaces, fences, and enclosures are adequate to properly relate such use with the land and uses in the vicinity;
b. 
That the proposed use will have minimal adverse impact on adjacent properties or residents; and
c. 
That any conditions stated in the approval are in addition to those required in this Article and are deemed necessary, and shall apply and be followed by the applicant and the property owner as a condition of approval.
12. 
Enforcement: Upon receiving a complaint of a possible violation, the animal control officer will investigate and determine if a violation of this section exists. If the animal control officer determines a violation exists, the officer may serve upon the owner or occupier of the property with a warning and directive to take corrective action or may immediately issue a violation notice and citation into Kalispell Municipal Court.
13. 
Chickens must be maintained in a manner that does not cause adverse impact to neighboring property owners. Potential negative impacts on adjacent properties include offensive odors and the unusual presence of insects, rodents or feathers. Evidence of these negative impacts are sufficient if they are perceptible outside of the boundaries of the subject property. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.
(Ord. 879 § 1; amd. Ord. 1392, 8-20-2001; Ord. 1607, 5-21-2007; Ord. 1697, 4-18-2011; Ord. 1698, 5-2-2011; Ord. 1708, 12-19-2011)
The herding, driving or running at large of horses, mules, sheep, goats, buffalo, chickens, colts, swine or cattle, or such other animals, upon the streets, avenues, alleys, parks or public places or grounds within the City, or the herding of such animals on any unenclosed private grounds within the City is hereby prohibited.
(R.O. 1947 § 815; amd. Ord. 879 § 2; Ord. 1697, 4-18-2011)
It is unlawful within the limits of the City except upon property owned by the Flathead County Fair Board and operated by such Board as a fairgrounds:
A. 
Speed: To ride or drive any horse at a speed greater or faster than at a walk.
B. 
Sidewalk Crossing: To ride or drive any horse over a sidewalk except at a crossing.
C. 
Fasten to Fire Hydrant: To tie or fasten any horse to a fire hydrant.
D. 
Leave Unattended: To leave any horse standing untied or unfastened, unless some suitable person be in charge thereof.
(R.O. 1947 § 988; amd. Ord. 798; Ord. 1697, 4-18-2011)
It is unlawful for any person to tie any horse, cow or other animal upon any private lot or other piece of land within the City limits in such a manner that such horse, cow or other animal may graze upon the streets, alleys or other public places within the City, or to tie such animals so that they may walk upon or over the sidewalks of the City.
(R.O. 1947 § 822; amd. Ord. 1697, 4-18-2011)
It is unlawful for any person within the City to allow or permit any animal or fowl under his or her control to engage in any dogfight or cockfight or a fight of any kind between animals and any person violating the provisions of this section will be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-9 of this Code.
(R.O. 1947 § 912; amd. Ord. 1697, 4-18-2011)
A. 
No person shall haul the body of a dead animal on any of the streets, avenues or alleys of the City without such body being entirely covered in such a manner that no part of such body shall be exposed to view.
B. 
It is also unlawful for any person to drag the body of a dead animal on any of the streets, avenues or alleys of the City.
(R.O. 1947 §§ 930A, 931; amd. Ord. 1697, 4-18-2011)
A. 
It is unlawful for the owner or person having custody of any dog or cat to fail to immediately move and dispose of in a sanitary manner any solid waste deposited by such dog or cat on public property or deposited on private property without the consent of the person in control of the property.
B. 
Property owners must maintain the enclosure in which the livestock or domestic animals and pets are kept in a manner that does not cause adverse impact to neighboring property owners. Potential negative impacts on adjacent properties include offensive odors and the unusual presence of insects. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.
(Ord. 1697, 4-18-2011)
Unless otherwise specifically designated as a misdemeanor within this Article it shall be a municipal infraction pursuant to Article 1-2 for any person to violate the provisions of this Article.
(R.O. 1947 § 821; amd. Ord. 1697, 4-18-2011)
A. 
The abandonment of domestic animals and the feeding of domestic or wild fowl in the municipal parks of the City of Kalispell shall hereby be a civil infraction with assessed penalties and due process as accorded under Chapter 1, Article 2 of the Kalispell Municipal Code. A person shall be deemed to have purposely fed or caused domestic or wild fowl to be fed if the person intentionally places food upon the ground or water of the City park that is within reach of the domestic or wild fowl.
B. 
This section does not apply to an animal control officer, veterinarian, peace officer, City employee, Federal or State wildlife official, who is acting pursuant to a lawfully authorized program to treat, manage, capture, trap, or remove wildlife and who is acting within the scope of the person's authority.
(Ord. 1848, 10-5-2020)
Aggressive dog.
A dog that threatens, charges, or interferes with persons or other domestic animals on public or private property without provocation.
Animal.
All vertebrates except human beings.
Bite.
Any abrasion, scratch, puncture, laceration, bruise, tear or piercing of the skin inflicted by the teeth of an animal.
Collar.
A band, chain harness, or other suitable device worn on a dog to which a tag may be affixed. This instrument shall be substantial enough to endure the animal's activity without being lost and without inflicting pain to the animal.
Cruelty.
Cruelty to animals as set forth in Section 45-8-211, Montana Code Annotated.
Dangerous dogs.
Any dog declared dangerous by the Kalispell Municipal Court pursuant to Section 4-23(B) of this Article.
Dog.
Any canine animal, of either sex (whether or not spayed or neutered).
Owner.
Every person who owns, harbors or keeps a dog.
Proper enclosure.
While on the owner's property, a dangerous or aggressive dog shall be securely confined indoors, that is the owner's dwelling, residence, or garage, or in a securely enclosed and locked pen or structure, suitable to prevent young children from entering or reaching into and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and bottom from which the dog cannot escape as by digging, climbing, leaping, etc. No porch, patio or any part of a dwelling or structure which would allow such dog to exit such building on its own volition through open windows or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure shall be considered to be a proper enclosure.
Rabies vaccination.
An inoculation administered by a veterinarian with any rabies vaccine, the use of which is licensed by the United States Department of Agriculture.
Running at large.
Any dog which is off the premises of the owner and is not under the immediate and continued control of its owner or an authorized agent of the owner by leash, or by complete confinement within or restraint upon a vehicle. Dogs controlling livestock or in other related agricultural activities, are to be excluded from this definition.
Stray.
Any dog which does not have a current valid license attached which establishes ownership and which is found off the property of its owner.
Veterinarian.
A doctor of veterinary medicine holding a valid license to practice his or her profession.
Warden.
The City of Kalispell Animal Warden.
(Ord. 1381A, 5-21-2001; amd. Ord. 1688, 12-6-2010; Ord. 1762, 10-19-2015)
The Warden is hereby vested with the power and authority necessary to enforce the provisions of this Article.
(Ord. 1381A, 5-21-2001)
The Warden is authorized and empowered to apprehend and impound any dog found in violation of this Article.
(Ord. 1381A, 5-21-2001)
Members of the Kalispell Police Department shall have the same authority in the enforcement of the provisions of this Article as are granted the Warden.
(Ord. 1381A, 5-21-2001)
It is unlawful and punishable under the misdemeanor penalty provisions of Article 1-9 for any person to knowingly and intentionally interfere with any Warden in the lawful discharge of his or her duties as herein prescribed.
(Ord. 1381A, 5-21-2001; amd. Ord. 1688, 12-6-2010)
A. 
It is unlawful for any owner of a dog to allow said dog to run at large within the City limits. All dogs licensed or unlicensed running at large are subject to impoundment. This provision shall not be construed so as to prohibit the owner or another person from having a dog on a public street, alley, or public place within the City if said dog is then and there controlled by such person by a chain or leash of not more than six feet in length tied to the dog and held by said person.
B. 
Every person having under his or her control any female dog in heat (i.e., in the estrual period) shall confine such a dog in a house, garage or other enclosed area. The female shall be confined in such a manner that said female cannot come into contact with a male dog except for planned breeding. Such a female dog not confined is a public nuisance, and the Warden or any City police officer may immediately abate such nuisance by impounding such dog.
(Ord. 1381A, 5-21-2001)
(Rep. by Ord. 1381A, 5-21-2001)
A. 
The following are subject to impoundment:
1. 
Any dog being kept or maintained contrary to the provisions of this Article;
2. 
Any dog running at large contrary to the provisions of this Article;
3. 
Any dog which is required to be licensed pursuant to the ordinances of Flathead County and is not licensed;
4. 
Any sick or injured dog whose owner cannot be located;
5. 
Any abandoned dog;
6. 
Any dog held for quarantine;
7. 
Any stray dog;
8. 
Any dangerous or aggressive dog found in violation of Section 4-23 of this Article.
B. 
The Warden, or any City police officer, is hereby empowered and authorized to enter upon private property including the premises of the dog's owner, in order to apprehend any dog which is running at large, in order to apprehend said dog.
C. 
Dogs impounded by the Warden or a Kalispell Police Officer, pursuant to this Article shall be housed at the Flathead County Animal Shelter. A written notice of impoundment shall be sent to the owner, if known, within 24 hours of the impoundment. The owner of the dog shall be responsible for payment of all impound fees and any other liabilities and requirements that may be set forth by the Flathead County Dog Ordinance.
(Ord. 1381A, 5-21-2001; amd. Ord. 1688, 12-6-2010; Ord. 1762, 10-19-2015)
It shall be the duty of every person or owner keeping, harboring, or maintaining a dog to provide effective rabies vaccination of such dog pursuant to the ordinances of Flathead County, Montana.
(Ord. 1381A, 5-21-2001; amd. Ord. 1762, 10-19-2015)
A. 
It is unlawful to keep, harbor, own or in any way possess within the City limits a dangerous or aggressive dog, unless registration, all restraints and conditions as hereinafter set forth in regards to dangerous or aggressive dogs are fully complied with by the owner as hereinafter provided.
B. 
Judicial Process—Petition For Hearing:
1. 
If the Warden or other Kalispell Police Officer has investigated and determined that there exists probable cause to believe that a dog is dangerous, the Warden or Kalispell Police Officer may petition the Kalispell Municipal Court to set a hearing for the purpose of determining whether or not the dog in question should be declared dangerous or aggressive.
2. 
Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis to support the observations of the Warden or Kalispell Police Officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.
3. 
The Kalispell Municipal Court, upon the finding of probable cause, shall notify the owner of the dog, by certified mail, and the chief law enforcement officer by best means possible, that a hearing will be held within 14 days, at which time the owner may present evidence to the court as to why the dog should not be declared dangerous or aggressive.
4. 
If, in the interim, the dog is not restrained in a proper enclosure by the owner, the Warden or Kalispell Police Officer may impound the dog until the court makes its determination.
5. 
The Court, after considering the evidence may issue its determination and order based upon such evidence. The order shall be delivered to the owner either personally or by first class mail. If the court finds beyond a reasonable doubt that the dog is dangerous, the owner shall comply with all provisions of the order within 30 days from the date the notice is mailed.
C. 
Dangerous Dog Procedures:
1. 
Determination:
a. 
The Kalispell Municipal Court shall declare a dog dangerous if it finds beyond a reasonable doubt that the dog, when unprovoked, in an aggressive manner:
i. 
Caused bodily injury to a person; or
ii. 
Bites or kills a domestic animal without provocation while off the dog owner's property.
b. 
A dog may not be declared dangerous if the person who was injured:
i. 
Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner;
ii. 
Was provoking, tormenting, abusing or assaulting the dog or can be shown to have in the past provoked, tormented, abused or assaulted the dog; or
iii. 
Was committing or attempting to commit a crime.
c. 
The provisions of this subsection do not apply to dogs that are used by law enforcement officials for police or similar work.
d. 
The Kalispell Municipal Court may make the determination, based upon the evidence that the dog, although not dangerous, is aggressive and impose conditions requiring the immediate erection and maintenance of a proper enclosure as defined above and to properly restrain the dog as set forth in subsection (C)(2)(a)(iii).
2. 
Restraint Requirements:
a. 
If the Kalispell Municipal Court declares a dog to be dangerous, it shall issue an order and a schedule for compliance which shall require the owner to comply with the following conditions:
i. 
To display, in a conspicuous manner, a clearly visible warning sign, including a warning symbol for children, that there is a dangerous dog on the premises. The sign shall be a standardized sign;
ii. 
To immediately erect or maintain a proper enclosure for the dangerous dog;
iii. 
To confine the dangerous dog in the proper enclosure, except that if the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial leash or chain of not more than six feet in length and must be under the physical restraint of a responsible person who is at least 18 years of age. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration;
iv. 
To notify the chief law enforcement officer if the dangerous dog is at large;
v. 
To notify the chief law enforcement officer within 24 hours of the death, sale or donation of a dangerous dog;
vi. 
The owner has a surety bond issued by a surety company authorized to do business in this State, in a form acceptable to the City, in the sum of at least $50,000, payable to any person injured by the dangerous dog or a liability insurance policy issued by an insurance company authorized to do business in this State in the amount of at least $50,000, insuring the owner for any injuries inflicted by the dangerous dog;
vii. 
The City will charge the owner an annual fee of $250, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog;
viii. 
The owner shall, at his or her own expense, have the registration number assigned to the dangerous dog by the City tattooed on the dog's right inner thigh;
ix. 
That the owner of the dog be at least 18 years of age.
D. 
Confiscation:
1. 
Seizure: The Warden or a Kalispell Police Officer shall seize a dangerous dog if:
a. 
The owner knows that the dog has been declared dangerous and the owner has not paid the annual fee or secured the proper liability insurance or surety coverage as required under subsection (C)(2)(a)(vi) of this section; or
b. 
The dog is not maintained in a proper enclosure or is outside the proper enclosure and not under physical restraint as required under subsection (C)(2)(a)(iii) of this section.
2. 
Reclaiming Dog: After notification by the Warden or Kalispell Police Officer, a dangerous dog seized pursuant to subsection 1 of this section may be reclaimed by the owner upon payment of impounding and boarding fees and the presentation of proof to the Warden or Kalispell Police Officer that the reasons for the seizure of the dog have been or will be cured. A dog not reclaimed under this subsection within seven days after notification may be humanely destroyed and the owner is liable to the City for costs incurred in confining and destroying the dog.
3. 
Destruction of Dog: If an owner of a dog is convicted of a violation for which the dog was originally seized, a court may order that the dog be confiscated and humanely destroyed and that the owner pay the cost incurred in confiscating, confining and destroying the dog.
4. 
Subsequent Violations:
a. 
If an owner of a dog has been found guilty of violating a provision of this Article, and the owner is charged with a subsequent violation relating to the same dog, the dog must be seized by the Warden or Kalispell Police Officer, and if the owner is found guilty of the subsequent violation, the court shall order that the dog be destroyed and that the owner pay the cost of confiscating, confining and destroying the dog.
b. 
If the owner is not convicted of the subsequent violation, the owner may reclaim the dog upon payment of impounding and boarding fees. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be humanely destroyed and the owner shall be liable to the City for the costs incurred in confining and destroying the dog.
5. 
Procedures During Appeal: The dog may not be destroyed during the pendency of an appeal.
E. 
Destruction of Dangerous Dog At Large: If any dog is running at large and presents a danger to the public, and it appears to the Warden or Kalispell Police Officer that it is necessary to destroy such a dog in order to protect the public from the dog, regardless of whether or not the dog has been declared dangerous, the Warden or Kalispell Police Officer is hereby authorized to destroy the dog.
F. 
Violations—Penalty: Any dog owner who keeps, harbors or maintains a dangerous or aggressive dog in violation of any provisions of this section regarding dangerous or aggressive dogs, or permits any such violation or fails to comply with any of the requirements thereof, will be subject to penalties of a criminal misdemeanor under KMC Article 1-9. For purposes of sentencing the Kalispell Municipal Court may consider multiple violations by a dog owner involving more than one dog as repeated or subsequent violations.
(Ord. 1381A, 5-21-2001; amd. Ord. 1688, 12-6-2010)
(Rep. by Ord. 1381A, 5-21-2001)
It is unlawful for any person to own, keep, harbor or maintain any dog, male or female, which unreasonably annoys or disturbs any persons within the City limits by undue barking or howling.
(Ord. 1381A, 5-21-2001)
No person shall keep or maintain on any premises within the City at any time more than four dogs. Any person keeping or maintaining more than four dogs on any premises within the City shall be notified in writing by the Warden or any City police officer that the number of such dogs in excess of four must be disposed of or removed from the City within five days of service or mailing of such notice. Failure to comply with this requirement within such period is unlawful. Each day after the expiration of such period that the owner or keeper of such dogs fails to comply with such order is a separate offense.
(Ord. 1381A, 5-21-2001)
Except as otherwise provided herein, any person violating any of the provisions of this Article shall, upon conviction thereof, be punished as provided in Section 1-9 of this Code.
(Ord. 1381A, 5-21-2001)